Article 13. Agreements limiting the assignor s right to assign 227 231 54

quot (1) A receivable is transferred to the assignee notwithstanding any agreement between the assignor and the debtor limiting in any way the assignor apos s right to assign its receivables.

Moral rights are not transferable and are not limited in time.

(3) A receivable assigned by the assignee to a subsequent assignee is transferred notwithstanding any agreement limiting in any way the assignor apos s right to assign its receivables.

(b) A right securing payment of the assigned receivable may be transferred notwithstanding any agreement between the assignor and the account debtor or other person granting that right, limiting in any way the assignor's right to assign the receivable or the right securing payment of the assigned receivable

2. A right securing payment of the assigned receivable is transferred under paragraph 1 of this article notwithstanding any agreement between the assignor and the debtor or other person granting that right, limiting in any way the assignor's right to assign the receivable or the right securing payment of the assigned receivable.

Contractual limitations on assignments

China believes that in the pre war period, minefields should be monitored and guarded effectively, but need no marking or fencing in the post war period, however, minefields should be marked and fenced immediately.

1. An assignment of a receivable is effective notwithstanding any agreement between the initial or any subsequent assignor and the debtor or any subsequent assignee limiting in any way the assignor's right to assign its receivables.

(a) The assignor has the right to assign the receivable

Transfer of rights securing the assigned receivables

Those rights are transferable, in whole or in part, and limited in time.

(a) An assignment is effective as between the assignor and the assignee and as against the account debtor notwithstanding an agreement between the initial or any subsequent assignor and the account debtor or subsequent assignee limiting in any way the assignor's right to assign its receivables

quot (2) Without prejudice to the rights of parties in possession of the goods, a right securing payment of the assigned receivables is transferred to the assignee, notwithstanding any agreement between the assignor and the debtor, or the person granting the security right, limiting in any way the assignor apos s right to assign such a security right.

a transaction involving the transfer of a debt or assignment of a claim.

Transfer of rights

Transfer of rights

In a typical build operate transfer project, the infrastructure facility is normally transferred to the host Government at the end of the concession period.

(a) Personal or property rights securing or supporting payment of the assigned receivable are transferred to the assignee without a new act of transfer.

3. Notwithstanding paragraphs 1 and 2 of this article, defences and rights of set off that the debtor may raise pursuant to article 9 or 10 against the assignor for breach of an agreement limiting in any way the assignor's right to make the assignment are not available to the debtor against the assignee.

(c) Notwithstanding paragraphs (a) and (b) of this recommendation, defences and rights of set off that the account debtor may raise pursuant to recommendations 15 and 16 against the assignor for breach of an agreement limiting in any way the assignor's right to make the assignment are not available to the account debtor against the assignee.

Non assignability of rights

Bankruptcies Debtor sales

In States that honour a form of transfer of ownership even when it does not entail a transfer of possession and is done for financing purposes, a transaction denominated as a transfer of title by way of security (or sometimes as a fiduciary transfer of title) is recognized.

5. Transparency and restraint in arms transfers

Right of Control Draft article 54, Transfer of rights Draft article 59, Transfer of rights Draft article 61 bis

(ii) A creditor of the assignor or

Negotiable documents of title

Negotiable documents of title

If neither assignee registers, priority is determined on the basis of the time of the assignment.

Rights and obligations of the assignor and the assignee

(iv) providing for the right of the insolvency administrator to borrow using the assigned receivables as security to the extent that their value exceeds the obligations secured, or

The issuance and the transfer of a negotiable electronic transport record means the issuance and the transfer of exclusive control over the record.

(b) The limitation and alleviation of regulations concerning technology transfer

Clearing houses and transferring patent rights

quot (2) Nothing in this article affects any obligation or liability of the assignor to the debtor in respect of an assignment made in breach of an agreement limiting in any way the assignor apos s right to assign its receivables, but the assignee is not liable to the debtor for such a breach. quot

She has no right to give it to you.

(b) If payment in respect of the assigned receivable is made to the assignor, the assignee is entitled to payment of the proceeds and also to goods returned to the assignor in respect of the assigned receivable and

quot (3) The priority between an assignee and the effectiveness of an assignment as against the assignor apos s creditors is governed by the law of the country in which the assignor has its place of business. quot

(i) Another assignee of the same receivable from the same assignor, including a person who, by operation of law, claims a right in the assigned receivable as a result of its right in other property of the assignor, even if that receivable is not an international receivable and the assignment to that assignee is not an international assignment

An international arms transfer would also be deemed to have taken place when the ownership or control of equipment or systems is transferred even without any physical transfer.

With respect to the reference to the mutual rights and obligations of the assignor and the assignee , the view was expressed that such wording might unduly restrict the scope of the provision.

In the case of assignment of proceeds, as contrasted with transfer, the right to demand payment remains with the original beneficiary, the assignee being given only the right to receive the proceeds of payment, if such payment occurs.

1. The law of the State in which the assignor is located governs the priority of the right of an assignee in the assigned receivable over the right of a competing claimant.

Priority between the assignee and the insolvency administrator or creditors of the assignor